General terms and conditions

1 Scope

These General Terms and Conditions (GTC) govern the fundamentally applicable legal relationship between the user of newhome.ch and newhome.ch AG, Talacker 41, 8001 Zurich (hereinafter “newhome”)

These GTC apply to any use of newhome.ch and to all services, offers and products of newhome.ch AG.

These GTC are supplemented by the “Privacy Policy” and the “Guidelines for Advertising Orders” as well as the “Guidelines for the Production of 360° Tours, Video Recordings, Drone Recordings and Real Estate Photography”. In the case of a contradiction, these GTC take precedence over the other provisions and guidelines.

During registration, users are given clear and legally sufficient notice of these GTC. By proceeding with the registration, the user agrees to the GTC, these GTC become an explicit component of the contract concluded between the respective user and newhome.ch AG.

Non-registered users visiting the “newhome.ch” website accept these GTC by using the offered services and information.

The latest version of these GTC can be viewed on the newhome.ch platform and can be downloaded by users.

2 Definitions

Users: users are defined as any natural or legal persons who access services offered by newhome on the newhome.ch platform.
Adverts: an advert is defined an independently designed presentation of a real estate offer for the purpose of publication.
Advertiser: the user placing an advert

3 Access authorisation

The registration of a user account requires a name and a valid email address. For the use of paid digital services, the user’s correct first and last name or company name as well as their address must be provided. The automated creation of accounts is not permitted. The customer shall use their access data (in particular, their password) in accordance with the contract and shall not make this accessible to third parties without the consent of newhome.

4 Prices, invoicing and terms of payment

newhome is entitled to change its prices at any time unless these have been explicitly guaranteed for the user for a certain period in a written contract.

Invoices are issued exclusively in an electronic format. Invoices must be paid within a payment period of 30 days.

If users are in default, they will receive a payment reminder. Interest on arrears of 5% shall be owed in addition to the invoice amount due. If the account has not been completely settled within 30 days from the reminder’s issue date, a second reminder will be sent. This second reminder will incur a fee of CHF 30. After expiry of this second reminder phase, newhome may disable the user’s account without further notice (including deactivation of the advert and any associated services). In this case, the user hereby gives newhome their consent to forward their data to a collection agency. After settlement of all outstanding amounts, newhome may reactivate the user’s account.

In addition to a bank transfer with QR-bill, newhome also accepts payment via credit and debit card solutions or with vouchers. The means of payment currently accepted by newhome can be found in the corresponding publication on newhome.ch. newhome may exclude individual means of payment in general or for individual users without further justification.

A disbursement of the user’s unused credit or previously issued vouchers is not possible. The unused credit from vouchers will be credited to another service provided by newhome.

5 Intellectual property rights

All rights to the information, elements and content of the platform belong to newhome (in particular copyright and trademark rights), and where this is not the case, usage rights for these have been granted by third parties in favour of newhome.

newhome is not the owner of all the trademarks which appear in the information, documents and data contained on its website. In this regard, the trademark rights of the affected third parties must be respected.

newhome and the associated logos are registered trademarks of newhome. No part of newhome.ch is designed in such a way that grants users a licence or right to utilise a picture, registered trademark or logo. The downloading or copying of newhome.ch does not entail a transfer of any rights to the software or elements on the site to users. newhome reserves all rights (in particular copyright and trademark rights) to all material on newhome.ch and will employ every available means to enforce these rights in full.

6 Relevance of the published information

The creation of adverts is the responsibility of the registered advertisers on newhome. There shall be no claim to publication of the advert if newhome refuses its publication due to the planned content.

Only one advert per property may be submitted by users. However, each property may be listed once for sale and once for rental.

The following minimum requirements apply to the adverts:

The property description must be truthful (no misleading, deceptive, unfair or unethical statements). Typographical exaggerations (e.g. several exclamation marks in a row) should be avoided.
The property must be available. No “wanted ads” may be placed.
The advert (pictures, text, video, etc.) must not violate any personal rights of third parties. This is the user’s responsibility.
The use of chargeable internet or telephone services as contact information as well as the levying of a fee to view the property are not permitted.
No symbolic images may be used. The published pictures, videos and documents must have a direct reference to the property. By uploading said files, the user explicitly confirms that they are the author of the images, videos, map extracts, documents, etc. or that they hold the necessary usage rights.
The advert may not contain any symbols or inscriptions which pretend to be an additional service by newhome that has not been booked.
The detailed description of the property may not contain URL addresses in the form of hyperlinks. The telephone number and email address must be entered in the contact details field provided.

Rental and purchase properties (both completed and planned) and building plots which are located in Switzerland may be listed on newhome. newhome is entitled to demand that advertisers provide written proof of the consent given by the published property’s owners. If this proof cannot be provided, the user shall be obliged to pay newhome a contractual penalty of CHF 5,000. The assertion of further claims for damages by newhome is expressly reserved.

By approving an advert for a property, newhome explicitly accepts no responsibility for the advert’s content. Obvious mistakes in the advert may be corrected autonomously by newhome. If an active advert is amended and re-published during its active period, the amendments must be checked and approved. Until the changes are approved, the previous advert shall remain visible.

In the event of repeated defects, newhome may block the advertiser concerned and refuse to approve their future adverts.

If a property that is published on newhome.ch is sold or leased within the advert’s active period, the advert must be deactivated or deleted immediately by the user. An inactive advert will be permanently deleted by newhome after 30 days.

By placing an advert, the advertiser grants newhome the right to use and reproduce all components of his/her advert (including images and videos) in their entirety or individually. This refers to newhome and to company accounts managed and maintained by newhome on other online services, apps, and social media platforms, for property feeds from financial institutions closely associated with newhome, as well as for media advertising by newhome (print, online advertising, or trade show appearances) serving the Swiss market. newhome cannot prevent this insertion data from being used by third parties for marketing and other purposes; nor can it prevent the advert in question from being commented upon, pushed or linked to by third parties. The advertiser agrees that his/her adverts will not only be published exclusively on newhome.ch, but will also be integrated on partner platforms of newhome and/or third-party marketplaces. newhome cannot rule out the possibility that the adverts may also appear on spidering platforms that have not been authorised by newhome.ch AG.

By placing an advert on www.newhome.ch, the advertiser hereby assigns their image rights related to the advert to newhome.ch AG for the limited purpose outlined below. This transfer enables newhome.ch AG, when necessary, to take legal action to enforce these image rights; for example, to counteract crawling or advertising spidering via third-party platforms. This approach enables newhome.ch AG to take concerted action against fraudsters, etc. in the interests of the advertiser. newhome.ch AG pursues such claims at its own expense.

newhome is not intended for users who are subject to legislation prohibiting publication on – or access to – newhome.ch (due to the nationality of the person, residence or otherwise). Users who are subject to such limitations are not permitted to access newhome.ch.

7 Guarantee

The advert will appear during the booked term. The duration of the advert’s active period can be extended as desired.

newhome assumes no responsibility for the content of the adverts hosted by it. This includes in particular the corresponding image data (including videos), extracts from town maps, financing proposals, insurance offers, etc.

newhome is not obliged to verify the accuracy of the adverts and information published on its platform.

All information on newhome.ch, with the exception of personal data (see the separate “Privacy Policy” form), may be amended by newhome at any time without notice.

Furthermore, newhome accepts no responsibility for, and gives no guarantee, that:

the features of newhome.ch will not be interrupted and are error-free
errors will be remedied
software or other material that is accessible via newhome.ch (including its partner sites and microsites) or the respective servers are free from viruses or harmful components

8 Liability

The user is fully responsible for their published content and data on newhome.ch. The user shall be liable to newhome for all damages caused by the user.

For damages incurred by the user of newhome through use of the latter’s services and products, newhome shall only be liable if gross negligence or intentional conduct on the part of newhome can be proven. newhome shall in no case be liable for consequential damages and/or lost profits. In particular, newhome refuses any liability in connection with the publication of properties that have already been sold or rented.

newhome is not liable for malicious technology and for damage caused by computer viruses, spyware and/or similar malware. newhome also accepts no liability for the consequences of operational interruptions caused by malfunctions of any kind or which serve to remedy malfunctions, maintenance and the introduction of new technologies.

Under no circumstances shall newhome be responsible for misuse by third parties (e.g. hackers, distributors of computer viruses), or for security deficiencies of telecommunications networks and the internet.

9 Partner platforms

newhome does not review the third-party websites that are linked to the newhome.ch platform and is not responsible for the content of these external sites or other websites that are linked to newhome.ch. Such external internet addresses contain information that is created, published, maintained or otherwise made available by organisations and individuals that are legally independent of newhome. newhome is not responsible for the content of these sites, nor does it approve, support or confirm information contained in external sites or linked addresses contained therein.

Third-party websites that are reached via links from property adverts on newhome.ch and third-party websites which offer links on newhome.ch operate entirely beyond the influence of newhome. For this reason, newhome.ch AG accepts no responsibility for the accuracy, completeness and legality of the content of such websites, or for any offers or services contained therein. Users connect to these websites at their own risk. Additionally, the placement of links that lead from third-party websites to newhome.ch always requires prior approval by newhome.

Features (so-called plug-ins) from a wide range of providers of social media platforms (such as Facebook) are integrated into newhome.ch. These plug-ins allow users to share content in social networks. If a plug-in appears while browsing the web site (e.g. a “like” button from Facebook), a connection to the servers of that site is automatically established. This enables data to be transmitted from newhome.ch to these third-party providers. If the user is simultaneously logged into the third party’s network, the visit may be registered on the website of the user’s network account. newhome has no control over this process.

newhome may also conclude agreements on other platforms with other platform operators for the purpose of improving the marketing of property adverts. In particular, it is possible that such agreements may provide a technical benefit for users by letting them obtain paid services for another property platform, which is associated with newhome, directly from within their newhome account. During the conclusion of such agreements, newhome shall not act on its own behalf, but rather as a proxy for the other platform operators. newhome assumes no responsibility or liability for the paid services offered by the other platforms, as in each case the authoritative contract is concluded directly between the other platform provider and the respective users.

10 Contract term

newhome reserves the right to terminate the contractual relationship with the user unilaterally and at any time without notice for good cause and to delete the user’s account.

In particular, good cause includes:

Default of payment
A breach of these GTC or other rules of conduct
Misuse of services offered provided by newhome for illegal or unethical purposes

11 Final provisions

newhome reserves the right to change its online service at any time without notice for any reason (in particular to delete adverts), to convert it into another form/transfer it to another partnership or to partially or entirely cease the operation of newhome.ch. The registered user’s consent is not required for this, and no such prior information requirement exists. Consequently, users do not have a right to use specific features or to access the service at all.

These GTC may be amended by newhome at any time. The current version of the GTC can be viewed at “www.newhome.ch”. Registered users will be informed accordingly about any such changes to these GTC in an appropriate form.

Rights and obligations under this contract may only be transferred with the written consent of the other party. This shall not apply to if the entire contract is transferred to a legal successor of newhome.

In case of any possible ambiguity and/or contradictions between the German, French, Italian and/or English versions of these GTC, only the German version of these GTC shall be definitive.

Should any provision of these conditions be wholly or partially invalid and/or ineffective, the validity and/or effectiveness of the remaining provisions or parts thereof shall remain unaffected. The invalid and/or ineffective provisions shall be replaced by new provisions which, in a legally effective manner, come as close as possible to the meaning and purpose of the invalid and/or ineffective provisions. The same applies to any loopholes.

These GTC are governed exclusively by Swiss law to the exclusion of international conflict of law provisions.

The jurisdiction is governed by the relevant binding legal provisions. To the extent that these provisions are not applicable, the exclusive jurisdiction for all types of proceedings is the headquarters of newhome in Zurich, or newhome shall have the right to prosecute the user in the competent court or authority of their domiciles/head offices.

General Terms & Conditions as of 9.12.2023